The federal fine “is only narrowly tailored for one of the many defects,” confirms Susan Schroeder, the Orange County (California) DA’s chief of staff, “and it in no way effects our case.” It does not release Toyota from civil or criminal actions, including the recently filed lawsuit. The federal court system has consolidated more than 200 separate lawsuits against Toyota into one single class-action suit, which will be heard in a California courtroom.
The Los Angeles Times reports, “In a ruling handed down [April 16], the U.S. Judicial Panel on Multidistrict Litigation allowed more than 100 suits seeking class-action status, as well as at least 50 personal injury cases, to be adjudicated in a single federal courtroom.”
The Detroit Free Press notes, “lawsuits began appearing last fall as Toyota initiated recalls eventually involving about 8 million vehicles,” all triggered by claims that some Toyota vehicles can accelerate suddenly, without input from the driver.
The Times put the number at about 150 lawsuits, but an AP report on April 21 claims the decision “affects more than 200 lawsuits against Toyota around the country.” Claims have been filed by owners seeking “damages from Toyota for injuries or deaths attributed to instances of sudden acceleration,” as well as some who don’t claim their Toyotas have been involved in accidents, but who are suing because their vehicles have lost value due to the recalls.
Toyota had pushed the courts to consolidate all of the claims into a single case, according to the Times. The company argued that “the legal process would be best served if the cases were argued in one courtroom.”
However, there are risks for Toyota in this approach. Reuters notes, “Some lawyers estimate Toyota faces potential civil liability of more than $10 billion as it struggles to contain an auto-safety crisis that has tarnished its public image.” Such a massive claim will be covered heavily by the media, and a loss in the lawsuit could be devastating to the Japanese automaker.
The major players in the courtoom will be used to high stakes. The legal team opposing Toyota, Reuters reports, include “firms with experience ranging from big tobacco litigation to the Enron Corp bankruptcy and claims arising from the Exxon Valdez oil spill.” The first hearing in the matter has been set for May 13.
Lexus GX 460 recall
Toyota said the factors contributing to the Lexus GX 460 rollover risk include components such as 18-inch wheels, as well as heavy components, such as the fuel tank, which is located on the left side. Plus “the left side is made even heavier because of the presence of the driver.”
Toyota also said the activation of the vehicle stability control “may not be sufficient in certain circumstances due to the setting of the VSC program.
Toyota will update the VSC program to enhance the effectiveness of the VSC so that the risk of the vehicle sliding, even to the point that it is almost sideways, will be reduced.
Sienna Recall
Toyota has issued a recall order for about 600,000 Sienna minivans from model years 1998 through 2010, in order to correct a defect that could cause the spare tire to fall from beneath the van.
In light of bad publicity from a series of high-profile recalls, the company has released details of this recall to the media unusually quickly—before The National Highway Traffic Safety Administration had time to issues a formal recall order. The New York Times reports, “Toyota said its latest recall covered the 1998–2010 model year Siennas with two-wheel-drive that have been sold or registered in 20 cold-climate states and the District of Columbia. Toyota said rust from road salt could cause the carrier cable that holds the spare tire to rust and break, allowing the tire to tumble into the road.”
